Terms & Conditions

This document, the Waxing Poetic Terms of Use (the “Terms of Use”), is a legal document that details your rights and obligations with respect to your use of the WaxingPoetic.com website (“Site”). The Site, its works, content, materials and designs, as well as the products, designs and services we offer to you via our Site, are conditioned upon your acceptance of these Terms of Use, without modification, and our Privacy Policy (which is incorporated into the Terms of Use by this reference).

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in our Privacy Policy.

1. Site Access and Use; Prohibitions

1.1Site Access and Use. The Company hereby grants you a limited, nonexclusive, revocable license to access and use this Site and its works, content, materials and designs solely for personal, noncommercial use, and for no other purpose, and your use of the Site is subject to the terms and conditions set forth in these Terms of Use. Downloading or copying of works, content, materials and designs is permitted for personal, noncommercial use only. No right, title or interest in such works, content, materials and designs are transferred to you upon such copying or downloading, and such works, content, materials and designs may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed, in whole or in part.

1.2Prohibitions. You agree that you will not use the Site, in whole or in part, for any purpose that is unlawful or prohibited by Section 1.1 above and these Terms of Use. For example, you agree that you will not:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use, including use on any other web site, transfer, or sell any products, works, content, materials and designs or information provided through or obtained from the Site.
(b) engage in the practices of framing, mirroring, screen or database scraping and mining, or any other activity with the purpose of obtaining lists of users or other information;
(c) obtain or attempt to obtain any works, content, materials, designs or information through any means not intentionally made available or provided for through the Site;
(d) access or attempt to access password protected, secure or non-public areas of the Site;
(e) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
(f) remove or destroy any proprietary, confidentiality, Trademark (as defined below) or copyright markings or notices placed upon or contained in any products, materials, documentation or information received from the Company;
(g) use any of Company’s trade secret proprietary information (including, without limitation, Trademarks and copyrights) or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you pursuant to Section 1.1; and
(h) defame or disparage the Company, its proprietary information (including, without limitation, Trademarks and the copyrights), or any aspect of the Site.

2. Copyright and Trademark Notices

2.1Copyright. All works, content, materials and designs on our Site (including, without limitation, products, product and jewelry designs, Site design, text, graphics, logos, and button icons, as well as the arrangement, the selection and the organization and layout of the Site) are owned or licensed by the Company and protected by the U.S. and international copyright laws. All rights reserved.
All software and other technology components on this Site are owned or licensed by the Company and protected by the U.S. and international copyright laws. All rights reserved.
No reproduction, copying, distribution, or transmission of the such works, content, products, materials, designs, including any jewelry is permitted. No reproduction, copying, distribution, or transmission of the software and technology on our Site is permitted. Any rights not expressly granted herein are reserved.

2.2Trademarks. Waxing Poetic, WaxingPoetic.net, WaxingPoetic.com and Pagliei Collection and all other Site and Company content, materials and designs, including graphics, images, logos, audio, video, html code, text, page headers, button icons, and scripts are trademarks and service marks, registered and unregistered, trade names or trade dress (collectively, “Trademarks”) of the Company and may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

3. Infringement Claims

It is our policy to respond expeditiously to infringement claims relating to intellectual property and proprietary rights. We will promptly respond to, process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Notices of claimed infringement should be directed to us at the address provided below.

4.1Taxes. Orders may be subject to sales or use tax. Sales to Pennsylvania residents are subject to sales tax and all sales within California are subject to California sales tax.

4.2Shipping. Please allow 3-8 business days for shipping for all orders. Our standard shipping method is UPS or USPS. However, if you need a guaranteed delivery date please don’t hesitate to contact us by phone or email to check on availability. If your order is lost or damaged during shipment contact us immediately. Keep all packing materials and paperwork so that a claim can be filed for damage during shipping.

4.3Risk of Loss. All items purchased from us are made pursuant to a shipment contract, which means the risk of loss and title for such items pass to you upon our delivery to the carrier.

4.4Returns & Exchanges. Items purchased through our Site may be exchanged within 30 days of receipt if returned unworn and in its original packaging. To return a purchased product for refund, you must notify us by telephone (1.877.724.5434) or email us at weborders@waxingpoetic.com within 30 days of receipt and receive a “Return Authorization Number”. You assume all responsibility for the security, shipping and handling of your returned and/or exchanged item(s). You may either exchange the item for another or have a refund issued if all the conditions for return are met. Sale items and special order items are not eligible for refund or exchange.

4.5Special Orders. Please contact us by telephone (1.877.724.5434) about special orders (special requests, necklace lengths, pendant changes etc.). Timing and pricing will vary. All sales of special orders are final.

4.6Lost Jewelry. Jewelry that is lost due to normal wear and tear is not covered under warranty.

4.7Stolen Jewelry. Jewelry that is stolen after being received by the customer is not covered under warranty. If an order is stolen while in transit from Waxing Poetic to the recipient, Waxing Poetic will investigate and replace if warranted.

4.8Plated Jewelry. All Plated Jewelry is warranted for 45 days from the date of delivery. Plated Jewelry showing signs of excessive wear and tear or polishing will not be accepted for return or exchange.

4.9Pave Jewelry. All Pave Jewelry is warranted for 45 days from the date of delivery. Pave Jewelry showing signs of excessive wear and tear (scratching, bending, modifying, etc.) will not be accepted for return or exchange.

5. Pricing

We make every attempt to avoid errors in pricing and product information. However, if a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.

6. Product Descriptions; Product Images

6.1Product Descriptions. We attempt to be as accurate as possible when describing our products and designs. However, we do not warrant that product descriptions or other content on this Site are accurate, complete, reliable, current, or error-free. If one of our products or designs is not as described, your sole remedy is to return it in unused condition and in accordance with Section 4.

6.2Product Images. We attempt to accurately depict the image, design, and color of the products offered on this Site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail. If one of our product images is not accurate, your sole remedy is to return it in unused and unworn condition and in accordance with Section 4.

7. Disclaimers; Links to Other Web Sites

7.1Disclaimers. Unless specifically noted, the content, materials, products, services and information available on or through this Site are provided on an “as is” basis without warranties of any kind, and, to the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose.
The Company does not warrant that this Site, its servers, or e-mails sent from the Company are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of this Site, Company emails or any information, content, materials, products or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You acknowledge that you use this Site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that the Company shall not be liable for any damages special, indirect or consequential of any kind related to your use of this Site.

7.2Links to Other Sites. We do not make any representation or warranty with respect to any other web site you may access through this web site. If there is a link to another web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you.

8. Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We do not sell products for children, but rather to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use WaxingPoetic.com only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

9. Modification

We reserve the right at anytime, and from time to time, to modify, amend, update, revise or otherwise change certain provisions of these Terms of Use at our sole discretion. Any such changes shall be applicable and binding immediately upon posting to the Site, and each user of this Site is responsible for knowing the Terms of Use prior to accessing the Site and the content provided on the Site. If you do not agree to any such changes, or to any of provisions contained in these Terms of Use, your only remedy is to cease from using our Site.

10. General Terms

10.1Severability. If any provision of these Terms of Use or the Privacy Policy is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of these Terms of Use as a whole, notwithstanding such stricken provision or provisions.

10.2Interpretation. You agree that any ambiguity or uncertainty with respect to any provision contained in these Terms of Use, the Privacy Policy or any other applicable document shall be construed equally against you and the Company.

10.3Waiver. No provision of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or waiver of, a breach by you, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. Our failure to act with respect to a breach of you or others does not waive our right to act with respect to subsequent or similar breaches.

10.4Headings. The section headings contained in these Terms of Use are for convenient reference only, and shall not in any way affect the meaning or interpretation of this agreement.

10.5Governing Law. These Terms of Use, the Privacy Policy and any other applicable document shall be governed by and construed in accordance with the laws of the State of California (irrespective of its choice of law principles). You agree that the California courts shall have exclusive personal jurisdiction and venue over you and you submit to the exclusive personal jurisdiction and venue of such courts. Notwithstanding the foregoing, you agree to waiver personal service of any process upon them and agree that service may be affected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to us, and to contact address set forth herein. You further agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. Should suit be brought to enforce or interpret any part of these Terms of Use, the Privacy Policy or any other applicable document, you agree that the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, including expert witness fees and fees on any appeal.

11. Promotions

All offers, coupons, promo codes, displayed on retail website and newsletters are for sole use by individual non-commercial customers and not applicable to wholesale business. Promotions may not be combined. No adjustments to prior orders.

12. Social Media Code of Conduct

Waxing Poetic (WP) social media pages are for the personal use of website visitors and may not be used in connection with any third-party commercial endeavors. Any use that, in Waxing Poetic’s sole opinion, constitutes illegal and/or unauthorized use of the Waxing Poetic social media pages, including posting offers or information of a commercial nature, collecting usernames and/or email addresses of visitors by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the Waxing Poetic website is strictly prohibited. You are solely responsible for your interactions with others on Waxing Poetic social media pages. Waxing Poetic reserves the right, but has no obligation, to monitor disputes between you and other users. Under no circumstances shall Waxing Poetic be held liable or responsible for the actions of third parties on any Waxing Poetic social media page. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts, comments, or conversations without notice. Appropriate legal action may be taken for any illegal or unauthorized use of any information on or associated with Waxing Poetic social media pages. Waxing Poetic reserves the right to remove any posting or comment (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Waxing Poetic pages at any time, with or without prior notice, and without liability. The following is a partial list of content that is illegal or prohibited to post on or through Waxing Poetic social media pages. Waxing Poetic reserves the right to take appropriate legal action against anyone who, in Waxing Poetic’s sole discretion, violates this provision. This may include removing the offending communication and terminating access of such violators. Prohibited or illegal content includes, but is not limited to content that:

1. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

2. solicits personal information from anyone under 18;

3. contains restricted or password-only access pages or images;

4. harasses or advocates harassment of another person, exploits people in a sexual or violent manner, or promotes racism, hatred or physical harm toward any individual or group;

6. promotes any criminal activity or provides instructional information about activities such as, but not limited to, violating someone’s privacy, transmitting or creating computer viruses, or making or buying illegal weapons;